sentence instructions for claims

Usage Tips & Examples for Completing the "Sentence" Boxes on the Claim Form

Tip 1:

NEVER mix or split determinate and indeterminate sentences in the claim form boxes. Determinate terms are listed in the left-hand boxes (i.e., years and months), and indeterminate counts are listed in the right-hand boxes (Non-LWOP life-tops and LWOPs).

Tip 2:

For determinate terms (i.e., years and months), add the total for all counts and enter as one total. For indeterminate terms, simply count the number of counts to enter in the boxes, ignoring the years component of the indeterminate terms (i.e., ignore the 25 of 25-life) -- don't put any portion of it in the "years" box.

Tip 3:

In the following examples, include both imposed terms and enhancements. (Although you do not list enhancements in the "Counts" section of the claim, you do include them for purposes of reporting the total sentence.) Do not include counts that were stayed.

Determinate components that are imposed consecutively should simply be added together and entered as one total under Years and Months, leaving No. of Counts boxes blank.

Example:
Defendant was convicted of two counts, one of which had an enhancement, with all sentences imposed consecutively, as follows:

> Enter the total consecutive components: 9 Years, 4 Months. And you're done.

Determinate components that are imposed concurrently should be entered for the total imposed under Years and Months, again leaving the No. of Counts boxes blank.

Example:
Defendant was convicted of 3 counts, with sentences imposed concurrently, as follows:

Second degree robbery, upper term = 5 years
Petty theft with a prior, mid term = 2 years
Possession of narcotics, mid term = 2 years

> Enter 5 Years. Done.

Indeterminate components are entered in the right-hand boxes. If more than one count is indeterminate, then count the number of indeterminate counts and enter the count in the appropriate box. All of these components are counted (that is, either "Concurrent" or "Consecutive" counts ). Count and enter the item only once, indicating the number of components that fit that description. Do not list any years from the indeterminate term in the Years box (a common mistake).

Example:
Defendant was convicted of 5 counts: one determinate term of 5 years, and 4 indeterminate terms, including two LWOPs (both consecutive to each other and to the determinate term), along with Life, and 25 to Life (both concurrent to the other components).

> Enter 5 Years for the determinate term in the Years box. Done.

> Enter 2 counts in the Non-LWOP life-tops box (since both Life and 25-to-Life fit into this category). Done.